Special counsel asks Supreme Court to rule on Trump's immunity in Jan. 6 case

Special counsel Jack Smith's team has asked the Supreme Court to step in and decide the issue of presidential immunity regarding former President Donald Trump's federal election interference charges.

Smith is asking the court to immediately resolve the issue, to prevent any delay of the March 4 trial date.

"Respondent’s appeal of the ruling rejecting his immunity and related claims, however, suspends the trial of the charges against him, scheduled to begin on March 4, 2024," the special counsel wrote in a filing Monday. "It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected."

In October, Trump's legal team filed its first motion to dismiss the case, citing what Trump's lawyers claim is his "absolute immunity" from prosecution for actions taken while serving in the nation's highest office.

The judge overseeing the case, D.C. District Judge Tanya Chutkan, rejected the motion.

PHOTO: In this Nov. 15, 2022, file photo, former President Donald Trump leaves the stage after speaking during an event at his Mar-a-Lago home, in Palm Beach, Fla.
In this Nov. 15, 2022, file photo, former President Donald Trump leaves the stage after speaking during an event at his Mar-a-Lago home, in Palm Beach, Fla.
Joe Raedle/Getty Images, FILE

Trump has appealed to the circuit court and asked for all proceedings to be stayed in the matter, pending appeal. Over the weekend, Smith's team said the district court should deny the request to halt the proceedings.

Trump in August pleaded not guilty to charges of undertaking a "criminal scheme" to overturn the results of the 2020 election by enlisting a slate of so-called "fake electors," using the Justice Department to conduct "sham election crime investigations," trying to enlist the vice president to "alter the election results," and promoting false claims of a stolen election as the Jan. 6 riot raged -- all in an effort to subvert democracy and remain in power.

The former president has denied all wrongdoing.